Rev. April 1, 2020
Since the outbreak of COVID-19, the Courts have issued various orders addressing operating procedures during this pandemic. Although a full list of the orders and related news can be found on each of the Court’s websites, below is a summary of important facts of which you should be aware in courts of particular interest to our clients and friends.
This list is updated as new information becomes available so it can be used as an ongoing resource for our clients and friends. If you have any questions, please contact Stacey Scrivani at 610.478.2086 or Geoffrey Johnson at 215.751.2883, or the Stevens & Lee attorney with whom you normally work.
Delaware
- Open but restrictions on access to courthouse.
- Civil and criminal jury trials scheduled to begin before April 30, 2020, are postponed.
- All deadlines remain in effect unless modified by further Order of the Court or by Order of the assigned judicial officer.
- Individual judges may continue to hold hearings, conferences, sentencings, change of plea hearings, and bench trials in the exercise of their direction.
- Courts will conduct proceedings by phone or video where possible.
District of Delaware – Bankruptcy Court
- All proceedings, which are not time-sensitive, are postponed until at least May 1, 2020. The presiding judge will decide whether proceedings are time sensitive on a case-by-case basis.
- All proceedings to be held before May 1, 2020 will be by phone or video.
- The manner of submitting evidence in proceedings held before May 1, 2020 will be determined by the presiding judge on a case-by case basis.
- Video and audio appearance procedures can be found here. Audio will continue to be through Court Call. Refer to the Court’s procedures for telephonic appearances.
- Emergency Clerk’s Office procedures can be found here.
- Through May 31, 2020, the requirement that an attorney obtain a debtor’s original, physical signature for an electronic filing is suspended subject to the conditions outlined in the Court’s Order.
- All in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, are postponed. Meetings already scheduled as telephonic meetings may proceed as scheduled.
- The Delaware Supreme Court has cancelled all oral arguments through May.
- All state courthouses are closed to the public from March 23, 2020 until April 15, 2020 or further order of the Court.
- Access to state courts is restricted to identified personnel and emergency and essential hearings and operations.
- Each courthouse shall provide a method for attorneys to file paper documents if electronic filing is not available to them.
- Non-emergency and non-essential arguments, hearings, and conferences shall proceed by phone or video at the discretion of each state court.
- Deadlines in court rules, as well as state or local statutes and ordinances applicable to the judiciary, that expire between March 23, 2020 and April 15, 2020 are extended through April 21, 2020.
- Statutes of limitations and statutes of repose that would expire between March 23, 2020 and April 15, 2020 are extended through April 21, 2020.
- Deadlines imposed by court order continue to remain in place but may be extended for good cause, including a COVID-19 related cause.
- Certain requirements for sworn declarations, verifications, certificates, statements, oaths, or affidavits are suspending during judicial emergency.
- All civil jury trials are suspended through and including May 29, 2020.
- More information from the Delaware Supreme Court on FAQs regarding appeals can be found here.
New Jersey
- Open but restrictions on access to Trenton and Camden courthouses.
- Newark courthouses closed until April 6, 2020.
- Civil and criminal jury trials scheduled to begin before April 30, 2020, are postponed.
- Individual judges may continue to hold hearings, conferences, sentencings, change of plea hearings, and bench trials in the exercise of their direction.
- Courts will conduct proceedings by phone or video where possible.
- Remote hearing guidelines can be found here.
- All filing and discovery deadlines in civil matters that fall between March 25, 2020 and April 30, 2020, are extended by 45 days, unless the presiding judge in a case directs otherwise. This extension does not apply to any scheduled dates of conferences.
- The Court’s Order does not toll or extend any applicable statute of limitations.
- Any civil litigant may seek relief from the Court’s Order in a case that is emergent or otherwise requires immediate relief.
District of New Jersey – Bankruptcy Court
- All trials scheduled to begin before April 16, 2020 are postponed.
- All motions and contested matters will be presumed to be heard on the papers. Parties may request oral argument by emailing chambers. If permitted, oral argument will be done remotely.
- Information on continuances of 341(a) meetings and certain deadline extensions can be found here.
- Additional information regarding court operations and procedures during COVID-19 can be found here.
- To the extent practicable through April 26, 2020, depositions should be conducted remotely using necessary and available video technology.
- To the extent practicable, all court matters will be conducted by video or phone conferencing, and in-person appearances will be permitted only in emergency situations.
- No new civil or criminal jury trials will be conducted until further notice.
- Contact the court with questions about a scheduled hearing, motion, conference, or other matter.
- Court offices are closed for in-person submissions. Filings may be submitted electronically or at a designated drop-box.
- Emergent applications may be made in several ways. If you have an emergency and need to apply to the court, call the court.
- For more information on emergent applications click here.
- For civil matters, certain provisions are relaxed and supplemented to permit the extension of discovery deadlines through April 26, 2020.
- Filing deadlines suspended through April 26, 2020.
New York
- Open but restrictions on access to courthouses.
- Civil and criminal jury trials scheduled to begin before April 27, 2020, are postponed.
- Compliance with trial deadlines in civil and criminal cases scheduled to begin before April 27, 2020, is at the discretion of the presiding judge.
- Individual judges may continue to hold hearings, conferences, and bench trials in the exercise of their discretion.
- Courts will conduct proceedings by phone or video where possible.
Eastern District of New York – Bankruptcy Court
- Until further notice, all bankruptcy court hearings will be held by phone.
- Consult each judge’s procedures for telephonic hearings.
- For more information on Clerk’s Office and pro se filings during COVID-19, click here.
- All in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, are postponed. Meetings already scheduled as telephonic meetings may proceed as scheduled.
Southern District of New York
- Civil and criminal jury trials are suspended until June 1, 2020.
- Moynihan Courthouse is open, but only for urgent criminal matters and matters in which a temporary restraining order is sought. It is anticipated that most if not all matters will be handled remotely. For information on filing emergency matters in the Moynihan Courthouse, click here.
- Brieant Courthouse is open. For information on filing emergency matters in the Brieant Courthouse, click here.
- Check the web pages of individual judges for information on orders extending time in civil matters and adjourning conferences.
- Any requirement that the United States Marshals Service effect personal service of process is suspended until further notice.
Southern District of New York – Bankruptcy Court
- Open but restrictions on access to courthouses.
- All in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, are postponed. Meetings already scheduled as telephonic meetings may proceed as scheduled.
- All hearings and conferences scheduled for the Manhattan, White Plains, and Poughkeepsie divisions will be conducted telephonically pending further Order of the assigned judge. A party may ask for an in-person hearing or conference by motion or request.
- All attorneys, witnesses and parties wishing to appear at, or attend, a telephonic hearing or conference must refer to the judge’s guidelines and make arrangements with Court Solutions LLC.
- Parties should contact chambers to inquire about whether an upcoming evidentiary hearing or trial will proceed as scheduled and to discuss procedures and technology for conducting the hearing remotely.
- For more information regarding court operations and procedures during COVID-19 click here.
- Anyone with symptoms or possible exposure to COVID-19 is prohibited from entering the courthouse.
- New civil and criminal jury trials suspended starting March 16.
- Effective March 22, 2020, and until further order, no non-essential filings, paper or electronic, shall be accepted for filing.
- A list matters deemed essential can be found here. This list is subject to ongoing review and amendment as necessary.
- Statute of limitations for all actions, as set by New York procedural laws, is tolled from March 20, 2020 until April 19, 2020.
Pennsylvania
Eastern District of Pennsylvania
- Open, but James A. Byrne U.S. Courthouse in Philadelphia will be closed from March 25, 2020 through March 29, 2020. No one is permitted to enter the building during this period except GSA-authorized cleaning personnel. The Court’s ECF system is not affected by the closure.
- Clerk’s Office in the Allentown courthouse closed until further notice.
- Civil and criminal jury trials scheduled to begin through April 13, 2020 are continued pending further Court order.
- Initial papers in civil cases may be electronically filed through April 13, 2020. Hard copy filings of such documents are strongly discouraged.
Eastern District of Pennsylvania – Bankruptcy Court
- Open but restrictions on access to courthouse.
- All in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, are postponed. Meetings already scheduled as telephonic meetings may proceed as scheduled.
- Unless otherwise authorized by the presiding judge in an individual case, all court appearances at hearings shall be made telephonically.
- Information regarding certain deadline extensions can be found here.
- Until further order, Local Rule 5005-7(b) is suspended subject to the conditions in the Court’s Order.
- Click here for more information on court operations during COVID-19.
Middle District of Pennsylvania
- The Court is open for business, but until March 30, 2020 the Scranton Courthouse is closed and all proceedings shall be transferred to either the Williamsport Courthouse or the Harrisburg Courthouse (reopening March 24, 2020).
- Limitations on access to courthouses.
- All hearings and proceedings in all civil and criminal cases are postponed for 60 days as of March 13, 2020, with limited exceptions.
- A hearing or proceeding that is otherwise continued may be exempt if, among other things, exigent circumstances exist.
Middle District of Pennsylvania – Bankruptcy Court
- Open but restrictions on access to courthouse.
- All court hearings will be conducted telephonically unless otherwise directed by the presiding judge.
- All evidentiary hearings and trials presently scheduled through April 17, 2020 are continued for 28 days.
- No case will be dismissed without a hearing before the Court.
- More information on court operations can be found here.
- The Supreme Court of Pennsylvania cancelled its argument session scheduled for April 21, 2020 through April 23, 2020. Upon good cause shown, a party may move to reschedule argument. Otherwise, the cases listed for this session will be decided on the briefs.
- With limited exceptions for certain essential functions, all Pennsylvania Courts – including intermediate appellate and trial courts – are generally closed to the public through at least April 30, 2020.
- Unless otherwise indicated, any legal papers or pleadings which are required to be filed between March 19, 2020, and April 30, 2020, shall be deemed to have been timely filed if they are filed by May 1, 2020. This suspension overlaps with suspensions already granted by any President Judge, and any longer suspensions directed by a local or appellate court shall remain extant on their own terms.
- Essential functions includes, among other things, acceptance of a praecipe for a writ of summons for purposes of tolling a statute of limitations. This remains in effect through April 30, 2020.
- If a court of original jurisdiction is closed to filings, a party may file an emergency praecipe in the Superior Court.
- Use of advanced communication technology is encouraged for court proceedings, subject only to constitutional limitations.
- Jury and non-jury trials, both civil and criminal, are postponed.
- Unless otherwise indicated by the Court, any in-person conference or hearing, civil or criminal, is postponed. If possible, and consistent with constitutional limitations, they may proceed through advanced communication technology.
- The Superior Court’s miscellaneous docket is open for the filing of praecipes for writs of summons involving claims that are subject to expiration of the statute of limitations that potential litigants are unable to file in the appropriate court of common pleas.
Third Circuit
- Byrne Courthouse closed until Monday March 30, 2020. During this time, the Clerk’s Office is working remotely and will process electronic filings.
- Parties seeking emergency relief are directed to call 267-299-4904 and leave a detailed message regarding the nature of the emergency and requested relief.
- The 3-day time limit for requesting a verbal extension under Local Rule 31.4 is relaxed until the Clerk’s office resumes normal operations.
- Filing of paper copies of briefs and appendices is deferred.
- 3-day grace period for filing deadlines.
- The due date for a notice of appeal, petition for review or other document that confers jurisdiction on the Court is not altered.
This News Alert has been prepared for informational purposes only and should not be construed as, and does not constitute, legal advice on any specific matter. For more information, please see the disclaimer.